Mr Justice Fottrell delivered a decision in the Dublin Metropolitan District Court on 11 March 2025 in relation to the Child and Family Agency (the “Agency”) and its failure to comply with court orders under Sections 18 and 47 of the Child Care Act 1991.
The decision highlighted systemic failures over a 15-year period, revealing that approximately 250 children under care orders had not been assigned a social worker, despite court directions requiring their cases to be re-entered for review. The ruling examined a 13-month period from February 2024 to March 2025.
Under Section 18 of the Child Care Act 1991, the Court has the power to remove children from parental custody and place them in State care where they have been assaulted, neglected, or otherwise subjected to harm. Section 47 grants the Court authority to issue directions regarding the welfare of children in care, including ensuring that any placement changes or lack of social worker allocation are reported back to the Court.
The Court directed that all affected cases be re-entered for welfare reviews. An enquiry was conducted to establish how widespread non-compliance had occurred, with Agency management personnel attending hearings over several months. In July 2024, the Court ordered the Agency to conduct a full review of all children under care orders, update care plans to reflect periods without an assigned social worker, and notify foster carers of these lapses. A request by the Agency’s legal representatives to set aside the direction to amend care plans was refused.
In February 2025, the Court reviewed the amended care plans but found them unsatisfactory. The Court underscored the necessity of adherence to court orders and the paramount importance of protecting the welfare of children in care.
Please click here to read the decision.